Rinku Kumari And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41862 of 2014 Arising Out of PS.Case No. -97 Year- 2013 Thana -MAHILA PS District- JEHANABAD ======================================================

1. Rinku Kumari Wife of Lal Babu Yadav

2. Ramanuj Yadav Son of Late Shiv Barat Yadav Both Resident of VillageGulamichak, P.S.-Kako, District-Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Soni Shrivastava For the Opposite Party/s : Mr. Nagendra Pd.(App) ====================================================== CORAM: HONOURABLE SHRI JUSTICE DHARNIDHAR JHA ORAL ORDER 09-07-2015 Heard.

The petitioner Rinku Kumari is the wife of the elder brother of the husband and petitioner Ramanuj Yadav is his father. The two petitioners are accused in Jehanabad Mahila P.S.Case No.97 of 2013 under Sections 304B/34 IPC and Section 4 of the Dowry Prohibition Act.

The allegation against the petitioners is that they along with husband and others were torturing and illtreating the deceased because their demand for a motorcycle for the husband was not being met by her parents.

Submission is that the husband, who could be the chief beneficiary of getting the motorcycle is already in custody after having surrendered himself to the custody of the Court. As regards

Patna High Court Cr.Misc. No.41862 of 2014 (4) dt.09-07-2015 petitioner Rinku Kumari, the submission is that she being a person of equal status, like the lady, she could not be expected to have indulged in the acts complained of. So far as petitioner Ramanuj Yadav, contention is that he might have roped into as an accused and as submitted earlier, he could not have benefited by getting a motorcycle.

Regard being had to the status of the two petitioners as per their relationship with the husband and considering the submissions including that the husband is in custody, let the above named two petitioners be directed to be released on anticipatory bail either in the event of their arrest by the police or surrender before the court below on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Jehanabad in connection with the above noted case, subject to the condition as laid down under Section 438(2) Cr.P.C.

(Dharnidhar Jha, J) B.Kr./-Saif.

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